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(update) Outcry over ABC bust of UVa student grows
Daily Progress ^ | July 1,2013 | K Burnell Evans

Posted on 07/01/2013 8:12:44 PM PDT by Drango

Virginia Alcoholic Beverage Control officials said the current review of a University of Virginia student's arrest after agents mistook a crate of LaCroix sparkling water for beer is the second look agency supervisors have taken at the case.

ABC earlier this year found no wrongdoing in the agents' encounter with three sorority women who panicked at the sight of a half-dozen undercover officers in plainclothes. One of the agents unholstered his weapon during the April 11 incident and held it at the "ready" position, but did not point it at anyone, according to ABC.

"Because of the public outcry, they're reviewing the facts of the case again to make sure nothing happened," said agency spokeswoman Maureen Haney.

Elizabeth Daly, 20, was charged with felony eluding police and two counts of felony assault of a police officer after her SUV "grazed" two ABC agents as she attempted to drive away to a police station. Those charges, which carry a maximum combined sentence of 15 years in prison, were dropped last week, but the case has fueled outrage that showed no sign of abating Monday.

"The governor is aware of this issue," Bob McDonnell's spokesman, Tucker Martin, stated in an email. "The secretary of public safety has spoken with ABC officials and is monitoring the matter closely ... [she] is awaiting the conclusions of their review."

People besieged ABC's Richmond headquarters with phone calls and emails Monday, asking how a late-night trip to buy cookie dough and ice cream for a sorority philanthropy event turned into an overnight stay at the Albemarle-Charlottesville Regional Jail for Daly, who has no criminal record and says she has never consumed alcohol.

"They're calling the governor's office, they're calling our public affairs office, they're calling every office," Haney said. "We're hearing about it on Twitter, they're using our website's email form, they're commenting on our Facebook."

A statement ABC issued on Facebook about the incident had garnered more than 450 comments by Monday night. Users posted links to contact information for ABC board members and applauded the women for being vigilant. McDonnell's office fielded about 30 emails from constituents sounding off about the arrest by Monday afternoon, Martin said.

Media swarmed the Daly family's Henrico County home over the weekend when news of her arrest and exoneration went viral. As Richmond outlets knocked on the family's front door, stories about the incident began popping up on the Huffington Post, Fox News, the Drudge Report and Gawker.

Daly's father, Jeff Daly, said the family hunkered down and forwarded interview requests from The Washington Post and talk show hosts Glenn Beck and Rush Limbaugh to his daughter's Charlottesville-based attorney, Francis McQ. Lawrence.

Jeff Daly said well-wishers have encouraged the family to file a formal complaint with the ABC or a civil suit, but he was unsure Monday how they will proceed.

"For the time being, we've just chosen to stay out of the limelight and let Elizabeth recover from all of this," he said in a phone interview. "As a family, we're just trying to put this all behind us for now."

Elizabeth Daly said she and her friends were "terrified" when a man and woman in street clothes began knocking on her car windows in the darkened Harris Teeter parking lot. Their badges were unidentifiable, she said in a written statement after her court date Thursday.

When Daly slipped her keys into the ignition to crack the windows, a male agent yanked at the door handle, banged on the window and yelled at the women to exit the vehicle, said Daly's front-seat passenger, who asked not to be identified.

She was on edge after a night spent listening to sexual assault survivors tell their stories at a Take Back the Night event on UVa Grounds and said she had already noticed the man staring at her and her friends as they walked to their car in the back of the parking lot carrying supplies for an Alzheimer's Association benefit.

When he began to yell, other men positioned themselves around the car and the woman yelled at Daly to "go, go go," court records state. One drew a gun. Another jumped onto the hood of the car as Daly and her friends dialed 911 to report the incident, according to the records. The women apologized repeatedly minutes later when they stopped for a car with lights and sirens on, prosecutors said.

Daly's passenger said she was handcuffed without explanation and did not get one until a Charlottesville police officer arrived.

"He was calm, professional, and treated me with respect," she stated.

"He helped me to the curb so that I could sit and calm down. He said to us that ABC officers have all the rights of regular officers, and then finally it became clear that these were ABC officers."

Haney said she could not say whether any of the agents involved in the incident had been placed on administrative leave during the review, because it is a "personnel matter."

"No one is calling this an investigation," she said, of the review. Haney could not say whether the same supervisors who conducted the first review would be leading the second. "The whole agency is reviewing the matter."

Others arrested during the two-day enforcement operation in April described feeling taken aback when teams of two or three agents approached them as they were getting into their vehicles. None of the half-dozen people interviewed Monday reported seeing weapons drawn. The agents made about 10 arrests that Thursday and Friday, according to court records.

Haney could not say whether it was unusual for a half-dozen agents to focus on a single shopping center parking lot. Virginia ABC employs about 120 special agents, she said.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: Virginia
KEYWORDS: donutwatch; governmentabuse; illegalsearch; virginiaabc
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The board!

http://www.abc.virginia.gov/admin/board.html

1 posted on 07/01/2013 8:12:44 PM PDT by Drango
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To: Drango

All this sh*t, but they couldn’t stop the Boston Bombers, and they won’t stop the next ones either, because it is so much easier to chase sorority girls around supermarket parking lots.

I know it is not the VA ABCs responsibility to catch terrorists, but even if the girls had bought beer or liquor illegally, is that what we think would be the proper response?


2 posted on 07/01/2013 8:20:22 PM PDT by jocon307
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To: jocon307

Drinking age of 21 is stupid to start with, and to take enforcement of it to this level is pure idiocy.


3 posted on 07/01/2013 8:28:02 PM PDT by -YYZ- (Strong like bull, smart like tractor.)
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To: Drango

There are some Keystone kops that are going to get killed - or kill someone - over this nonsense. Ah, to live in the age of zero tolerance (and zero common sense).


4 posted on 07/01/2013 8:34:16 PM PDT by rockrr (Everything is different now...)
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To: Drango

The real enemy to the leaders of this nation are Christian conservative’s, the government is starting to flex it’s muscle in many different areas, this story shows but one, look at DHS and airport screening and searches, look at NYC and random searches of people on the street.

There are many more examples of what is happening, but first we must understand that it is happening.


5 posted on 07/01/2013 8:34:49 PM PDT by stockpirate (GOP = Good Ol' Progressives)
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To: Drango
Jeff Daly said well-wishers have encouraged the family to file a formal complaint with the ABC or a civil suit, but he was unsure Monday how they will proceed.

Please, please, use every legal resource available to you, perhaps including private suits against the thugs involved. Discourage these criminals from making future attacks.

6 posted on 07/01/2013 8:36:01 PM PDT by TChad
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To: Drango

Incompetent, jack booted thugs.

Not even capable of identifying themselves properly and then charge her with a crime for protecting herself as any sensible woman would do.

In the 60s in Orlando, one night I had (what turned out to be) an unmarked cop try to pull me over with no lights, just started waving at me and pulling up next to me. Hell if I was going to stop at 1 am with no other cars around. Then he turned on the lights and after I pulled over gave me a lot of crap about not stopping at once. Prick.


7 posted on 07/01/2013 8:40:33 PM PDT by ChildOfThe60s (If you can remember the 60s.....you weren't really there)
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To: rockrr

Exactly. What happens when an innocent person who is carrying is accosted by incompetent clowns like this who start waving firearms without properly identifying themselves? What do we do? Let this unknown person shoot us? Or do we defend ourselves (logically) and then get “legally” gunned down by these armed bullies?


8 posted on 07/01/2013 8:43:38 PM PDT by ChildOfThe60s (If you can remember the 60s.....you weren't really there)
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To: Drango
One of the agents unholstered his weapon during the April 11 incident and held it at the "ready" position, but did not point it at anyone,

That lyin' sounds vaguely familiar...


9 posted on 07/01/2013 8:44:56 PM PDT by null and void (Republicans create the tools of oppression, and the democrats gleefully use them!)
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To: Drango

The public wants to know the names of ALL the ABC agents involved in this incident.


10 posted on 07/01/2013 8:50:28 PM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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To: Drango

I wonder if this will help McDonnell’s efforts to privatize the ABCs?


11 posted on 07/01/2013 8:51:42 PM PDT by EDINVA
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To: Drango
The cops lost my support the moment they used plain clothes officers to approach the suspected women. It doesn't take 6-7 cops to do an under age drinking bust. One officer wearing correct patrol uniform would have sufficed and the incident would have been avoided and resolved in less than two minutes. Had she held up a store that is cause for a weapon to be drawn. Otherwise for something like this it should have stayed secured in the officers holster. College areas are notorious for male on female attacks. What were these cops thinking?

I shared an apartment off ship in Norfolk. Everyone knew all too well how Virgina was on alcohol especially beer of all things. If you were on your porch drinking a beer the cops would invite themselves onto your property to arrest you. Buying the beer was legal as was stronger drink. But you had to go inside your house and hide from LEO eyes to drink it. However if you walked past an officer smoking a joint they likely wouldn't notice it or care. That was over 30 years ago.

12 posted on 07/01/2013 8:57:04 PM PDT by cva66snipe (Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?)
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To: Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!

13 posted on 07/01/2013 8:59:16 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Drango

“When Daly slipped her keys into the ignition to crack the windows, a male agent yanked at the door handle, banged on the window and yelled at the women to exit the vehicle, said Daly’s front-seat passenger, who asked not to be identified.”

I’ve been in more than a few neighborhoods where that very behavior will definitely get you hit,run over, or holed, and no one will see anything.

No wonder they pick on college girls.


14 posted on 07/01/2013 9:04:50 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: Drango
Six or seven agents? Wasn't that overkill? And aren't there any real lawbreakers to hassle?

vaudine

15 posted on 07/01/2013 9:09:33 PM PDT by vaudine
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To: cva66snipe

I find the overkill that has become typically SOP by LE, even dealing with non-violent crime as particularly threatening to a society that pays them to protect and serve, not run ram-shod.

The public is being treated as a threat when it isn’t. Overreaction such as breaking down doors in the middle of the night (sometimes at wrong addresses) by SWAT over non-violent offenses creates an unnecessary threat to the public and cops.

Those who cross over the line need to be held accountable.


16 posted on 07/01/2013 9:10:38 PM PDT by apoliticalone
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To: EDINVA

“I wonder if this will help McDonnell’s efforts to privatize the ABCs?”

Privatization won’t change this at all. On the enforcement side it might be much worse because the jack boots will still be out there zealously enforcing the law, and they might even be employed by Booz Allen (appropriately) and not responsible to citizens just like the speed cameras.


17 posted on 07/01/2013 9:18:25 PM PDT by apoliticalone
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To: Drango

Board Members (There are only TWO!)

Chairman J. Neal Insley of Poquoson has served as an ABC special agent and an attorney, and has more than 14 years experience in alcohol-related laws, regulations and procedures.

Comment: Looks like your typical Turd LEO who has risen to his own level of incompetence. Also, always be wary of someone whose first name is an initial. It’s indicative of a little man complex (probably has an inadequate penis too)

Commissioner Sandra C. Canada of Virginia Beach is a four-time gubernatorial appointee with more than 25 years of public relations and fundraising experience.

Comment: Another political hack who’s strengths have absolutely nothing to do with law enforcement. Probably got where she is today on her back.

Come on VA, can these two! They are a couple of misfits!


18 posted on 07/01/2013 9:25:38 PM PDT by vette6387
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The Left, the unions, the idiots are castigating children for playing with toy guns; yet, they facilitate the adult form of child’s play by arming and commissioning bureaucracies to fiddle with real guns and arrest.

How about we let the kids play Cowboys and Indians and disarm the wanna-be heroes in govt.

Need to make an arrest? Call the Sheriff.


19 posted on 07/01/2013 9:44:48 PM PDT by Gene Eric (Don't be a statist!)
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To: GreyFriar; SeraphimApprentice

Ping!


20 posted on 07/01/2013 9:50:32 PM PDT by zot
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To: apoliticalone

I find the overkill that has become typically SOP by LE, even dealing with non-violent crime as particularly threatening to a society that pays them to protect and serve, not run ram-shod.

The public is being treated as a threat when it isn’t. Overreaction such as breaking down doors in the middle of the night (sometimes at wrong addresses) by SWAT over non-violent offenses creates an unnecessary threat to the public and cops.

Those who cross over the line need to be held accountable.


I must sadly say you are correct. As written, this is embarrassing and inexcusable. You should NEVER draw your weapon like this for any non-threat situation, especially a potential misdemeanor crime of underage consumption with a young person.


21 posted on 07/01/2013 10:06:03 PM PDT by volunbeer (We must embrace austerity or austerity will embrace us)
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To: Drango

Even if it had been beer, is beer illegal? How would they have known if she was underage?

There is no rational justification for this cop-thuggism.


22 posted on 07/01/2013 10:25:11 PM PDT by bigbob
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To: The Antiyuppie

Young women = easy targets in their minds.


23 posted on 07/01/2013 10:28:16 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Drango

Maybe they also had a carton of smokes?


24 posted on 07/01/2013 10:53:29 PM PDT by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
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To: jocon307
I know it is not the VA ABCs responsibility to catch terrorists, but even if the girls had bought beer or liquor illegally, is that what we think would be the proper response?

Whoa! Good thing it wasn't like, underage smoking, or something.

(While I always regarded Virginia's alcohol laws as a tad, well, different, this seems over the top to me.) You used to be able to drink beer and wine there at 18.

25 posted on 07/01/2013 11:22:34 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: Altariel

Something tells me they wouldn’t be acting that way on the other side of town, dealing with a different demographic.

Bunch of D-Bags with guns and badges, and some college kids. Try that crap on the South side of Chicago or some other lovely neighborhood.


26 posted on 07/01/2013 11:40:13 PM PDT by qaz123
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To: Drango

Thanks for the update. VA Alcoholic Beverage Control agents are out of control. I added the Keyword “virginiaabc” to the various articles posted here on this incident so far.


27 posted on 07/02/2013 1:34:08 AM PDT by deks ("...the battle...liberty against the overreach of the federal government" Ken Cuccinelli)
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To: Smokin' Joe

You can thank the MADD harpies for legislation that strong armed the states into taking the drinking age to 21.


28 posted on 07/02/2013 2:54:54 AM PDT by FreedomPoster (Islam delenda est)
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To: bigbob

“Even if it had been beer, is beer illegal? How would they have known if she was underage?”

Would one of those enterprising “agents” have noticed the cashier did not check for an ID? Or do people in VA get ID’d when buying water?

Maybe the “agents” were having their own little party out in the parking lot and had to cover it up by scaring the crap out of law abiding citizens who might have seen them.


29 posted on 07/02/2013 3:17:46 AM PDT by mazda77
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To: TChad
"Jeff Daly said well-wishers have encouraged the family to file a formal complaint with the ABC or a civil suit, but he was unsure Monday how they will proceed."

With all the current surveillance and monitoring information available, I wonder how much pressure is being brought against the family to drop the matter or they will be treated as enemies of the state? The behavior of the agents could have easily ended in the murder of the girls or some of the agents being run over. Were these girls targeted because they were not members of any protected class?

30 posted on 07/02/2013 3:27:36 AM PDT by Truth29
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To: All
Her'es their Facebook page:

Virginia Department of Alcohol Beverage Control

And here is their lame statement attempting to explain their agents' behavior.

Agents were working in the area, concentrating on underage possession enforcement. An agent observed what appeared to be an underage person in possession of what appeared to be a case of beer, and approached her to investigate. The agent identified herself as a police officer and was displaying her badge. Other agents did not join the incident until the subject refused to cooperate. Rather than comply with the officers' requests, the subject drove off, striking two officers. She was not arrested for possessing bottled water, but for running from police and striking two of them with a vehicle.

The agents were acting upon reasonable suspicion and this whole unfortunate incident could have been avoided had the occupants complied with law enforcement requests. We take all citizen complaints seriously and the matter is currently under review by the ABC Bureau of Law Enforcement.

31 posted on 07/02/2013 3:57:07 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: Timber Rattler

Underage possession enforcement from the vantage point of a dark parking lot at 10 pm? These people should definitely not be trusted with guns If they see someone selling beer to someone underage they should call the police and let them handle it.


32 posted on 07/02/2013 5:04:35 AM PDT by erlayman
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To: ChildOfThe60s

Not incompetence.

Sadism.

These officers clearly *enjoyed* attacking a group of young women.

Those who *enjoy* terrorizing the innocent will soon not be able to get their jollies from terror alone.

So long as people chalk up such incidents to incompetence, police departments will continue to *promise* to train their officers better, and incidents like this will continue and escalate.


33 posted on 07/02/2013 5:09:33 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

good point


34 posted on 07/02/2013 5:47:21 AM PDT by ChildOfThe60s (If you can remember the 60s.....you weren't really there)
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To: Drango

Elect a pro-2nd amendment, Constitutional sheriff in your county, and this crap will end real quick.

I’ve seen these sheriffs run off all manner of armed thugs, including fascist federal bureaucrats.


35 posted on 07/02/2013 5:47:46 AM PDT by sergeantdave (No, I don't have links for everything I post)
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To: Gene Eric
“How about we let the kids play Cowboys and Indians and disarm the wanna-be heroes in govt.

Need to make an arrest? Call the Sheriff.”

Exactly right. The problem is that too many ill-trained people in too many agencies have been given arrest powers. The ABC should have investigative powers (selling to under-aged kids, etc.) but at the point where an arrest needs to be be made, it should have to summon a uniformed LEO.

36 posted on 07/02/2013 5:56:09 AM PDT by riverdawg
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To: Smokin' Joe

You used to be able to drink beer and wine there at 18.”

And in most other states until the federal government threatened them with loss of “federal” tax money unless they raised the legal alcohol possession/consumption age to 21.


37 posted on 07/02/2013 5:59:06 AM PDT by riverdawg
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To: volunbeer

>>You should NEVER draw your weapon like this for any non-threat situation, especially a potential misdemeanor crime

It isn’t about the actual crime. Most cops have become South Park’s Cartman. They strut around warning us that “You will respect mah authoritah!” Failure to do so results in gunfire, usually justified by claims that the cop was “struck by the vehicle” or “the suspect resisted arrest”.


38 posted on 07/02/2013 6:05:12 AM PDT by Bryanw92 (Sic semper tyrannis)
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To: erlayman
“These people should definitely not be trusted with guns. If they see someone selling beer to someone underage they should call the police and let them handle it.”

The female ABC agent was apparently not in uniform when she approached the young woman who was carrying the case of sparkling water. Undercover work is always dangerous, and these dime-store ABC “agents” are going to get shot one night if/when they recklessly approach someone with a CWL.

39 posted on 07/02/2013 6:08:07 AM PDT by riverdawg
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To: Drango

They pulled a gun on her because they thought she had beer.
Interesting.


40 posted on 07/02/2013 6:10:34 AM PDT by AppyPappy (Obama: What did I not know and when did I not know it?)
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To: riverdawg

Seriously, a UVA sorority girl probably isn’t aware that ABC is a branch of law enforcement. ABC has nothing to do with fashion or jewelry. I only know it because I used to work in a bar.
I’m a fraternity adviser. I know of what I speak.

My daughter at college this year : “It was so cold today, the sorority girls were wearing pants.”


41 posted on 07/02/2013 6:17:39 AM PDT by AppyPappy (Obama: What did I not know and when did I not know it?)
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To: AppyPappy
” ... a UVA sorority girl probably isn’t aware that ABC is a branch of law enforcement.”

And that's precisely the problem. Too many government agencies have poorly trained “agents” with law-enforcement powers. If an ABC investigator wants to make an arrest, he or she should have to call a uniformed police officer. The Charlottesville PO who finally arrived on the scene was the only one who behaved like a responsible adult.

42 posted on 07/02/2013 6:25:13 AM PDT by riverdawg
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To: Drango

I have to admire the candor of the ABC spokeswoman:

“Because of the public outcry, they’re reviewing the facts of the case again to make sure nothing happened,” said agency spokeswoman Maureen Haney.

In other words,

1. ... if there there had not been a huge public outcry, with the Governor’s office getting involved, we would have not reviewed the incident.

2. ... our review will confirm that “nothing happened.”


43 posted on 07/02/2013 6:47:48 AM PDT by riverdawg
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To: apoliticalone
Those who cross over the line need to be held accountable.

The only accountability comes from us - at the ballot box.

Alas, the political enablers of these types of police practices all too often won their offices by appealing to conservatives as being "tough on crime."

44 posted on 07/02/2013 7:15:42 AM PDT by Mr. Jeeves (CTRL-GALT-DELETE)
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To: Drango

Just curious: Are these “cops” rejects from ATF?


45 posted on 07/02/2013 8:19:49 AM PDT by Peet (Come back with a warrant.)
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To: y'all

This incident is getting a lot of press coverage. . .

http://news.google.com/news?ncl=dNNwuhtnQApvBkMXX-bDXjbbFDSeM&q=virginia+abc&lr=English&hl=en


46 posted on 07/02/2013 9:37:11 AM PDT by deks ("...the battle...liberty against the overreach of the federal government" Ken Cuccinelli)
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To: rockrr
There are some Keystone kops that are going to get killed - or kill someone - over this nonsense.

Late at night, a group of men approaching a woman WILL frighten her. There will come a point where they scare a CCW into thinking he's being mugged.

47 posted on 07/02/2013 9:40:25 AM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: bigbob
"Even if it had been beer, is beer illegal? How would they have known if she was underage?"

Stores checked my ID until I was in my mid to late 40's. I assume they still do check IDs.

48 posted on 07/02/2013 10:28:04 AM PDT by uncommonsense (Liberals see what they believe; Conservatives believe what they see.)
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To: uncommonsense
“I assume they still do check IDs.”

I’m certain that the Harris Teeter in this article checks the IDs of everyone who looks under 30. Virginia ABC conducts stings using older-looking but underage (18-20) buyers. If a store sells to an underage kid, the store risks losing its alcohol sales license for 25 days and/or paying a $2000-5000 civil penalty.

49 posted on 07/02/2013 12:02:39 PM PDT by riverdawg
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To: Drango

This hysteria over booze is beyond...........I don’t have a noun or adjective.


50 posted on 07/02/2013 4:27:06 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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